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(영문) 수원지방법원 안산지원 2015.12.09 2015고단3340
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
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Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

No person shall allow another person to deliver words, sounds, letters, pictures, images, or other things that may cause a sense of sexual shame or aversion by telephone, mail, computer, or other means of communication, with intent to arouse or satisfy his/her own or another person's sexual desire.

Nevertheless, the Defendant classified the phone number without permission on the ground that it was serious in the house, and made a phone call to an unspecified party, and had the phone call made an obscene speech to the other party to whom the phone was made, and had the other party meet his sexual desire.

1. On August 8, 2015, from around 06:27 to 06:42 of the same day, the Defendant issued a restriction on the phone number display to satisfy the Defendant’s sexual desire at the Defendant’s residence located in Sinh City B, and subsequently sent phone call to the victim C with the victim’s cell phone with no knowledge at all, eight times, and led the Defendant to reach the victim that may cause sexual humiliation and aversion.

2. On August 27, 2015, from around 05:19 to around 05:37, the Defendant restricted the number display for the purpose of meeting the Defendant’s sexual desire in the above Defendant’s residence, and subsequently sent phone calls from the victim’s cell phone on two occasions, which led the victim to reach the end that may cause sexual humiliation and aversion.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Requests for the provision of communications data;

1. Application of the Acts and subordinate statutes governing sound recording in the victim’s currency;

1. Relevant legal provisions concerning facts constituting an offense, and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of a fine (including the confessions and reflects of the accused, and the fact that the accused has no specific penal power, excluding one time before and after the punishment of this species);

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the same Act.

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